[NEWS] Explosions near Boston Marathon Finish Line (UPDATE: MIT/Watertown shootout w/ suspects)

Russia has their own troubles with this wackjob ideaology, it would be more of a cooperation, than war against.

DD

 

In case it's not been posted, this is sweet:

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He was gonna become a US citizen the next day.

 

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Damn, I want war!!!!:grin:

 

What a Grad A ****ing moron. Someone give this guy a mental health screening quick.

 

Make jokes all you want, but does anyone have any doubt that the value of this guy's boat just went up exponentially?

 

What if when Jahar wakes up from his injury, the first words out of his mouth to the interrogator are: "This is only the beginning..." with a laugh. Oh ****!

 

Just want to repeat this thanks to these guys. Great job keeping us up to date & informed in this thread.

 

Why do you want to know? What possible justifiable reason could he have for putting a bomb next to a kid? Any response he gives will just make you respond 'what an ******* nutjob'.

 

Was it really him who placed it there, or the brother?

 

I'm not sure I agree with that assessment.

The debate over the Public Safety exception dates back to NY vs Quarles in 1984, when it was ruled that evidence gathered in the absence of Miranda is not necessarily excludable IF the police officers are acting in the immediate interest of Public Safety when they are interrogating the victim.

Quarles in sum was this... Quarles was apprehended robbing a store. The officer noticed a gun holster on his person but no gun. They interrogated him on the spot (without counsel) to inquire where the gun was (immediate safety issue), who then told the police the location of the gun (hidden in the store).

Quarles argued that this violated his Miranda rights and that the gun and testimony leading to the seizure of the gun was not admissible in terms of determining guilt.

The Supreme Court ruled that since the offering of that information was primarily voluntary in nature, that in and of itself it did not violate his Miranda rights (which are designed to deter coerced interrogations). As the officers were acting to resolve an immediate and imminent threat to public safety, that there was a Public Safety exemption to Miranda, ie that the public safety outweighed the need to immediately Mirandize the suspect.

Keep in mind that the constitution does not explicitly require the reading of Miranda rights, but that it is primarily a preventative measure to deter and prevent coercive interrogation scenarios. IE, that it is inherently coercive to interrogate a suspect without them being aware of their right to counsel or the right to not self-incriminate.

In this case, this is as close to the textbook definition of the Public Safety exemption as it gets.

The suspect was caught in the act of the commission of a crime (gun fight). They have ample evidence to believe he was involved in another crime (placed at the scene, explosives on his brother). And they have legitimate reason to believe there could be additional risk to the public at large (unexploded devices and potential accomplices).

It is completely reasonable for law enforcement to ask him "Are there other bombs? Where are your explosives and weapons hidden? Who else helped you in conducting and planning these attacks?" without it being a means to coerce a confession (the purpose of Miranda protections).

That doesn't mean that they don't have to Mirandize him anyway at some point, however when there is imminent danger to public safety (the literal ticking time bomb scenario), the Supreme Court acknowledges that the need to secure public safety in the reality of the moment should not necessarily preclude the admission of relevant evidence that comes from that effort.

Remember, Law enforcement is not seeking to establish a confession of guilt, they are asking reasonable questions out of fear of danger to the public. And based upon the Public Safety exception, doing so in the performance of a legitimate fear for public safety does not necessarily exclude the validity of evidence that stems from that process.

The Supreme Court has ruled clearly on this, that Miranda rights should not prevent Law Enforcement from addressing imminent threats to the public. The Public Safety exception has been used repeatedly in the last 35 years on a variety of cases and stands as fully constitutional.

And in the end, it is the Supreme Court that decides if the actions of Law Enforcement is constitutional at any given time.

I have zero issue with the choice to NOT Mirandize the suspect at this time. Who knows how many bombs, or accomplices may be still at large. If that isn't the definition of imminent threat to public safety, then what is?

 

does it matter? He knew a bomb was next to a kid and did nothing, did he not? HE knew a cop was going to be gun down and did nothing.

 

Suspect #2 (captured last night) allegedly placed the bomb at site #2 right next to where the boy was standing.

 

Shootout with police. Sry if alrdy posted

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You underestimate the power of brotherhood. It's hard to rat out on your brother like that, especially in the heat of the moment. IMO, he's just a 19 year old kid who had no idea what he was doing and was probably forced.

 

Damn. Unloaded on his ass.

 

Really dude??? He's 19, not 8 yrs old.. Heck you can even be rational at 14 yrs old.. To do something at this level of hate and violence is evil intentions in my book and he knew exactly what he wanted to do...

 

What I see is a regular kid who got into something deeper than he expected and since he was already in deep ****, he just said to himself "**** it. I'll fight.".

This kid never went out of the country or anything like that. He was raised here. Normal up until this last week according to people who knew him. Something snapped. It was too late to undo his actions. He's just a kid.

 

Agree.